What to Do After a Truck Accident
Semi-truck accidents are among the most devastating on the road due to the sheer size and weight of the vehicles involved. Victims often face catastrophic injuries, property damage, and emotional trauma.
The moments immediately following a truck accident can be overwhelming. Maintaining your safety and well-being is the top priority, but there are several steps you can take at the scene to protect your potential personal injury claim:
Call emergency services: Always call 911 after a truck accident, even if your injuries seem minor. Police and medical personnel can assess the situation and create official records of the accident, which will be essential later in your claim.
Document the scene: If you're able, take photos or videos of the accident scene, vehicle damage, skid marks, and weather conditions. This evidence will be valuable in establishing fault and the severity of the accident.
Gather information: Obtain contact details from the truck driver, any witnesses, and other parties involved. Also, take note of the truck's license plate number, the trucking company's information, and any details about the cargo the truck was carrying.
Medical Attention and Documenting Your Injuries
Even if you feel unhurt, it's important to seek medical evaluation immediately after the accident. Some injuries, like internal bleeding or concussions, may not be apparent until days later.
Personal injury attorneys emphasize the importance of documenting your medical visits and following all prescribed treatments.
Why timing matters: Medical records are one of the key pieces of evidence in personal injury claims. Delaying treatment can give insurance companies or opposing counsel the opportunity to argue that your injuries weren’t caused by the accident.
Long-term impacts of injuries: Uncommonly discussed is the fact that truck accidents often lead to injuries with long-term or permanent consequences, such as traumatic brain injuries, spinal cord damage, or chronic pain. Documenting your recovery process and long-term medical needs can increase the potential value of your claim.
Understanding Liability in Truck Accidents
Liability in truck accidents is often more complicated than in car accidents because multiple parties can be involved. Identifying the correct party or parties responsible for the accident is crucial to the success of your personal injury claim.
Truck drivers and employers: While the truck driver may be at fault for the accident, the trucking company may also share liability. Trucking companies have a duty to properly train their drivers, maintain vehicles, and comply with regulations. If they fail to do so, they could be held responsible for the accident.
Cargo loaders and manufacturers: Lesser-known is the role of cargo loaders and manufacturers in truck accident liability. If improperly loaded cargo shifts and causes the truck to overturn or lose control, the company responsible for loading the truck may be liable. Similarly, if defective truck parts, such as faulty brakes or tires, contributed to the accident, the manufacturer of those parts could be held accountable.
An experienced personal injury attorney may help investigate the accident to identify all liable parties.
Federal Regulations and Their Impact on Truck Accident Claims
Truck drivers and companies must adhere to strict federal regulations outlined by the Federal Motor Carrier Safety Administration (FMCSA). These regulations govern areas such as driver work hours, vehicle maintenance, and cargo loading.
Violations of these regulations can be a crucial factor in determining liability in truck accident cases.
Hours of service violations: One of the most commonly violated regulations involves the number of hours a truck driver can be on the road without rest. Truck drivers are required to take breaks to prevent fatigue-related accidents. If a driver violates these "hours of service" rules and causes an accident, this violation can be used as evidence of negligence.
Maintenance and inspection records: Trucking companies are required to maintain detailed records of vehicle inspections and repairs. A lack of proper maintenance, such as brake failures or worn-out tires, can lead to accidents. Personal injury attorneys may subpoena these records during the discovery process to determine if a violation occurred.
Understanding how federal regulations play a role in truck accident claims can provide a unique angle to strengthen your case.
The Role of Insurance in Truck Accident Claims
Unlike typical car accident claims, truck accidents often involve multiple insurance policies, including the truck driver's insurance, the trucking company's insurance, and potentially the insurance of other involved parties.
Dealing with these insurers can be complicated, and it's important to know what to expect:
Higher policy limits: Commercial trucks are often insured with higher policy limits due to the potential for catastrophic damage. While this can increase the likelihood of receiving adequate compensation, it also means insurance companies will aggressively defend against claims to minimize payouts.
Bad faith insurance practices: Uncommonly discussed in truck accident claims is the possibility of bad faith insurance practices. Insurance companies may delay processing claims, undervalue settlements, or even deny valid claims. An experienced personal injury attorney may recognize bad faith practices and take legal action to hold insurers accountable.
Economic and Non-Economic Damages
After a truck accident, victims are entitled to seek compensation for both economic and non-economic damages. Economic damages include measurable financial losses, while non-economic damages cover more subjective impacts.
Economic damages: These include medical expenses, lost wages, property damage, and future medical costs. Since truck accidents often result in more severe injuries, long-term rehabilitation, and ongoing medical care should be factored into any compensation claim.
Non-economic damages: Truck accidents can lead to emotional distress, pain and suffering, and loss of enjoyment of life. Personal injury attorneys emphasize the importance of including these damages in your claim, as they can significantly increase the total compensation.
Uncommon Pitfalls in Truck Accident Claims
While truck accident claims may seem straightforward, several uncommon pitfalls can complicate the process:
Trucking company defense tactics: Trucking companies and their insurers may employ various tactics to reduce or deny liability. One tactic includes quickly sending investigators to the accident scene to gather evidence that supports their version of events. They may also attempt to blame the victim or argue that external factors, such as weather conditions, were responsible for the crash.
Spoliation of evidence: Some trucking companies might attempt to destroy or hide key evidence, such as driver logs, maintenance records, or data from the truck's "black box." A personal injury attorney may send a spoliation letter to prevent evidence tampering and make sure that crucial information is preserved for your case.
Understanding these tactics helps victims protect their rights and build a stronger case.
The Importance of Legal Representation
Truck accident claims are highly intricate and require a deep understanding of both personal injury law and federal trucking regulations. Overcoming these legal challenges alone can be overwhelming, especially when facing powerful insurance companies and trucking industry lawyers.
Maximizing compensation: A personal injury attorney may help victims accurately assess the full extent of their damages, including future medical expenses, lost earning capacity, and emotional suffering.
Negotiation and litigation: Most truck accident claims are resolved through settlements, but in some cases, litigation may be necessary. An experienced attorney will handle negotiations with insurance companies and, if necessary, present a strong case in court.
Seek Qualified Legal Support Today
Contact The Law Offices of Kevin L. Hoffkins if you need legal aid in Connecticut or throughout Fairfield County, including Darien, Danberry, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Trumbull, Westport, Wilton, and Easton.